Published 9:47 pm, Monday, August 9, 2010

A Byram man sentenced to five years in jail for restraining three people at gunpoint is appealing his case, citing juror misconduct and flawed rulings by the presiding judge.

Pasquale Ciullo, 51, was sentenced last month after a jury found him guilty on three counts of unlawful restraint surrounding a 2007 property dispute on Byram Shore Road. Prosecutors said Ciullo and his son, Angelo, pointed guns at two day laborers hired by a neighbor to install a fence that intruded on their driveway. Pasquale Ciullo was also charged with chasing his neighbor, Rose Pinchuk, away from the driveway and hitting her with a shovel. He was acquitted of an assault charge.

"The misconduct (included) stereotypical remarks, between and among jurors about the defendants, their ethnicity, and their attorneys," the motion states. "The court's subsequent instruction to the jury to cease such discussions, to not prejudge the case and to decide the case based on the evidence did not cure the harm sustained by defendant."

During Ciullo's trial, a juror was dismissed after she talked to a witness outside the court. The woman later told a judge she intentionally talked to the witness so she would be excused from the case, claiming she was disillusioned by other jurors talking about the case prior to deliberations.

The remaining jurors denied they prejudged the case and a judge warned them to refrain from speaking about the trial or forming preliminary opinions. Pasquale Ciullo's lawyer and his son's lawyer argued for a mistrial at that point, which was denied. Angelo Ciullo was convicted on two counts of unlawful restraint and weapons in a motor vehicle. He was sentenced to five years of probation in July.

Attorney Michael Fitzpatrick, who represented Angelo Ciullo, said Monday his client is not appealing his conviction.

Pasquale Ciullo's preliminary appeal pleadings also argue a judge should not have allowed the state to introduce a 911 call from Pinchuk during a police dispatcher's testimony, because they were not able to cross-examine the witness about statements she made during the call. Additionally, the appeal argues a videotape taken from Pinchuk's surveillance cameras should have been shown at trial. A judge barred it from trial after prosecutors objected to it.

"The videotape was probative as it had a video and audio portion recording the events of July 4, 2007," the motion states.

The appeal argues that Pasquale Ciullo was harmed by some of Judge Martin Nigro's rulings, particularly during jury instructions, when Nigro told jurors pointing a gun at someone presents a "substantial risk of injury," necessary elements for conviction of first-degree unlawful restraint. Gavin argued the Ciullos never threatened serious harm.

The appeal will be heard by the state's appellate court. Pasquale Ciullo is free on $750,000 bond while he awaits a decision.

Staff writer Debra Friedman can be reached at debra. friedman@scni.com or 203-625-4449.